The Board denied service connection for the cause of the Veteran's death, as there was no evidence that any of the conditions contributing to his death were incurred during active naval service or due to exposure to herbicides.
The deciding factor: The Veteran did not have a service-connected disability at the time of his death, and there was no evidence that any of the conditions contributing to his death (ARDS, cirrhosis of the liver, hepatitis C, diabetes mellitus) were incurred during active naval service or due to exposure to herbicides.
- Claimed conditions
- Adult Respiratory Distress Syndrome (ARDS), Cirrhosis of the liver, Hepatitis C, Diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906041
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Denied
The Board denied service connection for the Veteran's cause of death, finding no evidence that his death was related to any injury or disease in service, including exposure to herbicide agents.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
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